REGULATORY
SERVICES
COMMITTEE
REPORT
2 June 2016
Subject Heading:
P0136.16 - Harlow Gardens (Land rear
of), Romford
Variation of condition 2 of P1053.13 in
order to add three new roof lights to each
of the 2 no. bungalows (Received
02/02/16 and amended plans received on
16/02/16)
Ward:
Havering Park
Report Author and contact details:
Helen Oakerbee
Planning Manager
helen.oakerbee@havering.gov.uk
01708 432800
Policy context:
Local Development Framework
The London Plan
National Planning Policy Framework
Financial summary:
None
The subject matter of this report deals with the following Council Objectives
Havering will be clean and its environment will be cared for
[ ]
People will be safe, in their homes and in the community
[X]
Residents will be proud to live in Havering
[X]
SUMMARY
This application was originally approved by the Regulatory Services Committee
meeting of 17 July 2014 for the erection of 5 No. two-bed chalet style bungalows.
The current proposal relates to the variation of condition 2 of P1053.13 in order to
allow 3 no. new rooflights to each of the 2 no. bungalows.
The application is recommended for approval subject to conditions and the
applicant entering into Deed of Variation.
RECOMMENDATIONS
That the Committee notes that the proposed development is liable for the Mayor’s
Community Infrastructure Levy (CIL) in accordance with London Plan Policy 8.3.
The applicable fee is based on an internal gross floor area of 448.2m² which
equates to a Mayoral CIL payment of £8,964.
That the proposal is unacceptable as it stands but would be acceptable subject to
the applicant entering into a Deed of Variation under Section 106A of the Town and
Country Planning Act 1990 (as amended) to vary the legal agreement completed
on 13 October 2014 in respect of planning permission P1053.13 by varying the
definition of Planning Permission which shall mean either planning permission
P1053.13 as originally granted or planning permission P0136.16.
Save for the variation set out above and necessary consequential amendments the
Section 106 agreement dated 13 October 2014, all recitals, terms, covenants and
obligations in the said Section 106 agreement dated 13 October 2014 will remain
unchanged.
The applicant would also be required to pay the Council’s reasonable legal costs in
association with the preparation of a Deed of Variation, prior to completion of the
deed, irrespective of whether the deed is completed.
That Staff be authorised that upon the completion of the Deed of Variation that
planning permission be granted subject to the following conditions:
1.
Time Limit
The development to which this permission relates must be commenced not later
than three years from the date of this permission.
Reason: To comply with the requirements of section 91 of the Town and Country
Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase
Act 2004).
2.
In Accordance with Plans
The development hereby permitted shall not be carried out otherwise than in
complete accordance with the plans detailed on page 1 of the decision notice
approved by the Local Planning Authority.
Reason: The Local Planning Authority consider it essential that the whole of the
development is carried out and that no departure whatsoever is made from the
details approved, since the development would not necessarily be acceptable if
partly carried out or carried out differently in any degree from the details submitted.
3.
Parking Provision
Before any of the dwellings hereby permitted are first occupied, the car parking
provision shall be laid out to the satisfaction of the Local Planning Authority and be
made available for 10 no. car parking spaces and thereafter this car parking
provision shall remain permanently available for use, unless otherwise agreed in
writing by the Local Planning Authority.
Reason: To ensure that car parking accommodation is made permanently
available to the standards adopted by the Local Planning Authority in the interest of
highway safety, and that the development accords with the Development Control
Policies Development Plan Document Policy DC33.
4.
External Materials
The development hereby permitted shall be constructed with external materials as
previously approved under application Q0029.15.
Reason: To ensure that the appearance of the proposed development will
harmonise with the character of the surrounding area and in order that the
development accords with the LDF Development Control Policies Development
Plan Document Policy DC61
5.
Landscaping
The development hereby permitted shall be landscaped in accordance with the
details as previously approved under Q0029.15. All planting, seeding or turfing
comprised within the scheme shall be carried out in the first planting season
following completion of the development and any trees or plants which within a
period of 5 years from completion of the development die, are removed or become
seriously damaged or diseased shall be replaced in the next planting season with
others of a similar size and species, unless otherwise agreed in writing by the local
Planning Authority.
Reason: To enhance the visual amenities of the development and in order that the
proposal complies with Policies DC61 and the SPD on Landscaping.
6.
Standard flank wall
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015, no window or other opening (other
than those shown on the submitted and approved plan,) shall be formed in the
flank wall(s) of the building(s) hereby permitted, unless specific permission under
the provisions of the Town and Country Planning Act 1990 has first been sought
and obtained in writing from the Local Planning Authority.
Reason: In order to ensure a satisfactory development that will not result in any
loss of privacy or damage to the environment of neighbouring properties which
exist or may be proposed in the future, and in order that the development accords
with Development Control Policies Development Plan Document Policy DC61.
7.
Obscure glazing
Notwithstanding the details shown on the approved plans, the proposed front and
rear facing loft windows (roof lights and dormer windows) serving en-suite
bathrooms, store rooms and cupboards as well as the ground floor flank windows
to plot 3 and plot 5 serving a lounge and kitchen shall be permanently glazed with
obscure glass and with the exception of top hung fanlights shall remain
permanently fixed shut and thereafter be maintained to the satisfaction of the Local
Planning Authority, in order that the development accords with Policy DC61 of the
LDF.
Reason: In the interests of privacy, and in order that the development accords
with the Development Control Policies Development Plan Document Policy DC61.
8.
Rooflights
Notwithstanding the details shown on the approved plans, the rooflights hereby
approved shall be obscure glazed and remain permanently fixed shut and
thereafter be maintained to the satisfaction of the Local Planning Authority, in order
that the development accords with Policy DC61 of the LDF.
Reason: In the interests of privacy, and in order that the development accords with
the Development Control Policies Development Plan Document Policy DC61.
9.
Cycle Storage
Prior to completion of the works hereby permitted, cycle storage of a type and in a
location previously submitted to and agreed in writing by the Local Planning
Authority shall be provided and permanently retained thereafter.
Reason: In the interests of providing a wide range of facilities for non-motor car
residents, in the interests of sustainability.
10.
Hours of Construction
All building operations in connection with the construction of external walls, roof,
and foundations; site excavation or other external site works; works involving the
use of plant or machinery; the erection of scaffolding; the delivery of materials; the
removal of materials and spoil from the site, and the playing of amplified music
shall only take place between the hours of 8.00am and 6.00pm Monday to Friday,
and between 8.00am and 1.00pm on Saturdays and not at all on Sundays and
Bank Holidays/Public Holidays.
Reason: To protect residential amenity, and in order that the development accords
with the Development Control Policies Development Plan Document Policy DC61.
11.
Construction Methodology
The development hereby permitted shall be implemented in accordance with the
construction method statement as previously approved under application
Q0029.15.
Reason: To protect residential amenity, and in order that the development accords
the Development Control Policies Development Plan Document Policy DC61.
12.
Highway Agreements
The necessary agreement, notice or licence to enable the proposed alterations to
the Public Highway shall be entered into prior to the commencement of the
development.
Reason: To ensure the interests of the travelling public and are maintained and
comply with policies of the Core Strategy and Development Control Policies,
namely CP10, CP17 and DC61.
13.
Secure by Design
Secured by Design/Crime Prevention: Within 1 month of this decision a full and
detailed application for the Secured by Design award scheme shall be submitted to
the Local Planning Authority, setting out how the principles and practices of the
Secured by Design Scheme are to be incorporated. Once approved in writing by
the Local Planning Authority in consultation with the Metropolitan Police Designing
Out Crime Officers (DOCOs), the development shall be carried out in accordance
with the agreed details.
Reason: In the interest of creating safer, sustainable communities, reflecting
guidance set out in the National Planning Policy Framework, Policy 7.3 of the
London Plan, and Policies CP17 'Design' and DC63 'Delivering Safer Places' of the
LBH LDF.
14.
Refuse and Recycling
Prior to the first occupation of the development hereby permitted, provision shall be
made for the storage of refuse and recycling awaiting collection according to
details which shall previously have been submitted to and agreed in writing by the
Local Planning Authority.
Reason: In the interests of amenity of occupiers of the development and also the
visual amenity of the development and the locality generally, and in order that the
development accords with the LDF Development Control Policies Development
Plan Document Policy DC61.
15.
Removal of permitted development rights
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015, other than porches erected in
accordance with the Order, no extension or enlargement (including additions to
roofs) shall be made to the dwellinghouse(s) hereby permitted, or any detached
building erected, without the express permission in writing of the Local Planning
Authority.
Reason: In the interests of amenity and to enable the Local Planning Authority to
retain control over future development, and in order that the development accords
with Development Control Policies Development Plan Document Policy DC61.
16.
Screen fencing
The development hereby permitted shall be implemented in accordance with the
screen fencing details as previously approved under application Q0029.15.
Reason: In order to ensure a satisfactory development that will not result in any
loss of privacy or damage to the environment of neighbouring properties which
exist or may be proposed in the future, and in order that the development accords
with Development Control Policies Development Plan Document Policy DC61.
17.
External Lighting Scheme
No building shall be occupied or use commenced until external lighting is provided
in accordance with details previously submitted to and approved in writing by the
Local Planning Authority. The lighting shall be provided and operated in strict
accordance with the approved scheme.
.
Reason: Insufficient information has been supplied with the application to judge
the impact arising from any external lighting required in connection with the
building or use. Submission of this detail prior to occupation in the case of new
building works or prior to the use commencing in the case of changes of use will
protect residential amenity and ensure that the development accords with the
Development Control Policies Development Plan Document Policy DC61.
18.
Wheel Washing
The development hereby permitted shall be implemented in accordance with the
wheel washing details as previously approved under application Q0029.15. The
approved facilities shall be permanently retained and used at relevant entrances to
the site throughout the course of construction works.
Reason: In order to prevent materials from the site being deposited on the
adjoining public highway, in the interests of highway safety and the amenity of the
surrounding area.
19.
Ground levels
The development hereby permitted shall be implemented in accordance with
details of the ground levels as previously approved under application Q0029.15.
Reason: In the interests of neighbouring amenity and to accord with Policy DC61
of the Core Strategy and Development Control Policies Development Plan
Document.
20.
Tree protection
The development hereby permitted shall be implemented in accordance with the
tree protection details as previously approved under application Q0029.15.
Reason: To protect the trees on the site and to accord with Policy DC60 of the
Core Strategy and Development Control Policies Development Plan Document.
INFORMATIVES
1. A fee is required when submitting details pursuant to the discharge of
conditions. In order to comply with the Town and Country Planning (Fees
for Applications, Deemed Applications, Requests and Site Visits) (England)
Regulations 2012, which came into force from 22.11.2012, a fee of £97 per
request or £28 where the related permission was for extending or altering a
dwellinghouse, is needed.
2. The planning obligations recommended in this report have been subject to
the statutory tests set out in Regulation 122 of the Community Infrastructure
Levy Regulations 2010 and the obligations are considered to have satisfied
the following criteria:(a)
(b)
(c)
Necessary to make the development acceptable in planning terms;
Directly related to the development; and
Fairly and reasonably related in scale and kind to the development.
3. Statement Required by Article 35 (2) of the Town and Country Planning
(Development Management Procedure) (England) Order 2015: No
significant problems were identified during the consideration of the
application, and therefore it has been determined in accordance with
paragraphs 186-187 of the National Planning Policy Framework 2012.
4. The Applicant is advised that planning approval does not constitute approval
for changes to the public highway. Highway Authority approval will only be
given after suitable details have been submitted, considered and agreed.
Any proposals which involve building over the public highway as managed
by the London Borough of Havering, will require a licence and the applicant
must contact StreetCare, Traffic & Engineering on 01708 433750 to
commence the Submission/ Licence Approval process.
5. Should this application be granted planning permission, the developer, their
representatives and contractors are advised that this does not discharge the
requirements under the New Roads and Street Works Act 1991 and the
Traffic Management Act 2004. Formal notifications and approval will be
needed for any highway works (including temporary works) required during
the construction of the development.
6. The developer is advised that if construction materials are proposed to be
kept on the highway during construction works then they will need to apply
for a license from the Council.
7. With regards to surface water drainage it is the responsibility of the
developer to make proper provision for drainage to ground, water courses or
a suitable sewer. In respect of surface water it is recommended that the
applicant should ensure that storm flows are attenuated or regulated into the
receiving public network through on or off site storage. When it is proposed
to connect to a combined public sewer, the site drainage should be separate
and combined at the final manhole nearest the boundary. Connections are
not permitted for the removal of Ground Water. Where the developer
proposes to discharge to a public sewer, prior approval from Thames Water
Developer Services will be required. They can be contacted on 0845 850
2777.
8. In promoting the delivery of safer, stronger, sustainable places the Local
Planning Authority fully supports the adoption of the principles and practices
of the Secured by Design Award Scheme and Designing against Crime.
Your attention is drawn to the free professional service provided by the
Metropolitan Police Designing Out Crime Officers for North East London,
whose can be contacted via DOCOMailbox.NE@met.police.uk or 0208 217
3813 . They are able to provide qualified advice on incorporating crime
prevention measures into new developments.
9. The proposal is liable for the Mayor of London Community Infrastructure
Levy (CIL). Based upon the information supplied with the application, the
CIL payable would be £8,964 (this figure may go up or down, subject to
indexation). CIL is payable within 60 days of commencement of
development. A Liability Notice will be sent to the applicant (or anyone else
who has assumed liability) shortly and you are required to notify the Council
of the commencement of the development before works begin. Further
details with regard to CIL are available from the Council's website.
REPORT DETAIL
1.
Site Description
1.1
The application site is a piece of land which is located to rear of the
properties along Harlow Gardens, Romford. The site is surrounded by
residential dwellings. The ground has a severe slope down from northeast to
southwest. The site has an overall area of approximately 2496m²
1.2
Development in the vicinity is characterised by 2-storey and 3-storey
residential dwellings with various different external finishing.
1.3
The site is currently in an advanced stage of development.
2.
Description of Proposal
2.1
The Section 73 application is for a minor material amendment to consent
P1053.13 dated 23rd October 2014 to allow 3 no. new rooflights to each of
the 2 no. bungalows.
2.2
The proposed rooflights would be situated in the southeastern,
southwestern and northwestern roofslopes will measure measure 0.8m x
0.8m.
2.4
The additional space proposed would be used for storage. A condition will
be imposed to ensure the new windows to would be obscure glazed and
fixed shut.
3.
Relevant History
3.1
P1809.15 - Variation of condition 2 of P1053.13 in order to increase the size
of the rear dormers to the row of terraces - Approved by Regulatory
Services Committee on 12th May and awaiting the completion of a legal
agreement
3.2
P1053.13 - The erection of 5 No 2 bed chalet style bungalows - Approved
with agreement
4.
Consultations/Representations
4.1
Neighbour notification letters were initially sent to 49 properties and 1 letter
of comments and 4 letters of objection were received. The objections raised
can be summarised as follows:
-
Overlooking
Loss of privacy
Dwellings being built on raised ground
4.3
In order to address any overlooking and loss of privacy concerns, a
condition will be added in the event of an approval to obscure glaze and fix
shut the proposed roolfights. The issue relating to the raising of the ground
is not relevant to the current application.
5.
Relevant Policies
5.1
Policies CP1 (Housing Supply), CP2 (Sustainable Communities), CP8
(Community Needs), CP17 (Design), DC2 (Housing Mix and Density),
DC11 (Non-designated Sites), DC32 (The Road Network) DC33 (Car
Parking), DC34 (Walking), DC35 (Cycling), DC36 (Servicing), DC55 (Noise),
DC61 (Urban Design), DC63 (Delivering Safer Places) and DC72 (Planning
Obligations) of the Local Development Framework Core Strategy and
Development Control Policies Development Plan Document are considered
to be relevant.
5.2
Other relevant documents include the Residential Design SPD, the
Sustainable Design and Construction SPD and the Planning Obligation SPD
(Technical Appendices)
5.3
Policies 3.3 (increasing housing supply), 3.4 (optimising housing potential),
3.5 (quality and design of housing developments), 3.8 (housing choice), 3.9
(mixed and balanced communities), 5.3 (sustainable design and
construction), 6.1 (strategic transport approach), 6.3 (assessing effect on
transport capacity), 6.9 (cycling), 6.10 (walking), 6.13 (parking), 7.3
(designing out crime), 7.4 (local character), 7.6 (architecture), 8.2 (planning
obligations) of the London Plan, are material considerations.
5.4
The National Planning Policy Framework, specifically Sections 4 (Promoting
sustainable transport), 6 (Delivering a wide choice of high quality homes), 7
(Requiring good design) and 8 (Promoting healthy communities) are
relevant to these proposals.
6.
Staff Comments
6.1
The only change to the previously approved scheme under P1053.13 would
be the addition of rooflights. Staff do not consider the proposal to result in
an unacceptable visual impact on the surrounding area.
6.2
The proposal will not result in an unacceptable impact on neighbouring
occupiers to the rear as the proposed windows will be conditioned to be
obscure glazed and fixed shut.
6.3
All other aspects have has been previously determined as acceptable and
would not be impacted by the proposed revisions.
6.4
Mayoral Community Infrastructure Levy
6.4.1 The proposed development is liable for the Mayor’s Community
Infrastructure Levy (CIL) in accordance with London Plan Policy 8.3. The
applicable fee is based on an internal gross floor area of 448.2m² which
equates to a Mayoral CIL payment of £8,964.
6.5
Infrastructure Impact of Development
6.5.1 Regulation 122 of the Community Infrastructure Levy Regulations 2010 (CIL
Regs) states that a planning obligation may only constitute a reason for
granting planning permission for the development if the obligation is:
(a)
(b)
(c)
necessary to make the development acceptable in planning terms;
directly related to the development; and
fairly and reasonably related in scale and kind to the development.
6.5.2 Policy DC72 of the Council's LDF states that in order to comply with the
principles as set out in several of the Policies in the Plan, contributions may
be sought and secured through a Planning Obligation. Policy DC29 states
that the Council will seek payments from developers required to meet the
educational need generated by the residential development. Policy 8.2 of
the Further Alterations to the London Plan states that development
proposals should address strategic as well as local priorities in planning
obligations.
6.5.3 In 2013, the Council adopted its Planning Obligations Supplementary
Planning Document which sought to apply a tariff style contribution to all
development that resulted in additional residential dwellings, with the
contributions being pooled for use on identified infrastructure.
6.5.4 There has been a recent change to the effect of the CIL Regs in that from
6th April 2015, Regulation 123 of the CIL Regs states that no more than 5
obligations can be used to fund particular infrastructure projects or
infrastructure types. As such, the SPD, in terms of pooling contributions, is
now out of date, although the underlying evidence base is still relevant and
up to date for the purposes of calculating the revised S106 contributions.
6.5.5 The evidence background to the SPD, contained in the technical
appendices is still considered relevant. The evidence clearly show the
impact of new residential development upon infrastructure - at 2013, this
was that each additional dwelling in the Borough has a need for at least
£20,444 of infrastructure. Therefore, it is considered that the impact on
infrastructure as a result of the proposed development would be significant
and without suitable mitigation would be contrary to Policy DC72 of the LDF
and Policy 8.2 of the London Plan.
6.5.6 Furthermore, evidence clearly shows a shortage of school places in the
Borough - (London Borough of Havering Draft Commissioning Plan for
Education Provision 2015/16-2019/20). The Commissioning report identifies
that there is no spare capacity to accommodate demand for secondary,
primary and early years school places generated by new development. The
cost of mitigating new development in respect to all education provision is
£8,672 (2013 figure from Technical Appendix to SPD). On that basis, it is
necessary to continue to require contributions to mitigate the impact of
additional dwellings in the Borough, in accordance with Policy DC29 of the
LDF.
6.5.7 Previously, in accordance with the SPD, a contribution of £6000 per dwelling
was sought, based on a viability testing of the £20,444 infrastructure impact.
It is considered that, in this case, £6000 per dwelling towards education
projects required as a result of increased demand for school places is
reasonable when compared to the need arising as a result of the
development.
6.5.8 It would therefore be necessary to require a contribution to be used for
educational purposes. Separate monitoring of contributions would take
place to ensure that no more than 5 contributions are pooled for individual
projects, in accordance with CIL legislation. It is considered that a
contribution equating to £6000 per dwelling for educational purposes would
be appropriate.
7.
Conclusion
7.1
In conclusion, the proposed changes to condition 2, as stated earlier in this
report, is considered to be acceptable. It is recommended that planning
permission be granted, subject to the completion of the Deed of Variation.
IMPLICATIONS AND RISKS
Financial implications and risks:
Financial contributions are required through a legal agreement.
Legal implications and risks:
Legal resources will be required to prepare and complete the legal agreement.
Human Resources implications and risks:
None.
Equalities implications and risks:
The Council’s planning policies are implemented with regard to equality and
diversity.
BACKGROUND PAPERS
Application form, drawings and supporting statements received on 02/02/16 and
amended plans received on 16/02/16.